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Converting hc appeal into 13b

(Querist) 14 April 2016 This query is : Resolved 
The divorce petition filed by wife got dismissed after trial, and she has filed appeal in HC. Now she has unconditionally agreed for mutual divorce, but I'm doubtful about her intentions.

So, how can I safely convert the appeal into mutual divorce?

Can I freeze the appeal and resume the same if she withdraw her consent during 13B proceedings?

Is there any provisions whereby I can ensure that either she can't withdraw her consent later or 13B completes even if she withdraw consent during the proceedings?

Kappil Cchandna (Expert) 14 April 2016
Sir,

Go and make a statement in HC stating that both you and your wife are going for mutual consent and till the time get the matter stayed in the HC .

Warm Regards
Kapil Chandna Advocate
9899011450
mrgop (Querist) 14 April 2016
Thanks sir,

Since she is the petitioner in appeal, can I come back and ask the court to re-open the appeal if she withdraw her consent in 13B, also don't want to re-open the appeal?
Devajyoti Barman (Expert) 15 April 2016
Appeal can not be converted into 13B proceeding.
There is no way one can force the souse to attend and give consent on second motion for mutual divorce.
So it is your call and take decision accordingly..
Rajendra K Goyal (Expert) 15 April 2016
She has filed the appeal in High Court, she can withdraw it.

If he does not turn up in second motion and appeal has been withdrawn already, what she would gain.

It seems she want divorce. You should decide the same by considering all pros and cons.
Adv. Yogen Kakade (Expert) 15 April 2016
Rightly answered by the experts above.
mrgop (Querist) 16 April 2016
As mentioned by the expert kapil Chandna, If the appeal is stayed at HC and both go for 13B at FC, Can I,( the respondent in appeal), vacate the stay and resume the proceedings in appeal if 13B fails?
Devajyoti Barman (Expert) 17 April 2016
yes, you can do so.


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